Mono Hot Springs, CA Immigration Law Firms & Lawyers

If his wife or his children are U.S. citizens or lawful permanent residents, and if he can prove to the Immigration Court that his deportation would cause "exceptional and extremely unusual hardship" to his family, your father might get a green card from the Immigration Court. His criminal record will be held against him, of course; using different names and not showing up in court will also not improve his chances; but he has to try and see what the Immigration Court will decide. At this point, it is important to get an immigration attorney on your father's case. First of all, your father's criminal defense attorney will need to know what kind of disposition of the criminal charges can be accepted without killing your father's chances of getting relief from deportation. Basically, your father is going to be offered to plead guilty and not go to trial. Often, a criminal defense attorneys are concerned only with the time their client would have to spend in jail. If the prosecutor offers a plea deal that involves no jail time, the defense attorney is likely to advise the client to take the plea - without realizing that the resulting conviction would make deportation of the client inevitable. Second, depending on the details of the case, an immigration attorney would advise your father whether he should post a bail with the criminal court: often it is better to stay in the custody of the state until the criminal case gets resolved then to post bail and, instead of going home, be transferred into the custody of the Immigration and Customs Enforcement. Third, it is almost always better to start work on an immigration case as soon as possible - to lessen the chances of deportation without a court hearing; to lessen the risk of a transfer to an immigration jail in another state (Texas and Arizona are the likely destinations); to get an immigration bail, if possible; etc. So, someone in your family needs to find an immigration attorney for your father; meanwhile, your father should not enter any plea in the criminal court and should not post bail - until he gets an advice of an immigration attorney.

The mistakes that you describe are ones that can easily be amended at the time of the interview by informing an examiner of the need for correction on the form. In a naturalization interview, examiners will go over the entire form with you to ensure that the answers are correct. If by some chance he or she does not go over your working experience, you can inform the examiner before he or she moves on. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

He can apply for an F-1 student visa, but please note that the I-20 required for the visa is only issued by private schools. There is on family-based category for an Uncle to petition for a nephew.